Adam Baron, a well-known Ft. Lauderdale work injury attorney explains your job protection rights under Florida workers’ comp, the FMLA, and union contracts.

 

 

 

 

 

 

If you’ve been hurt on the job, one worry tends to keep you up at night: Will my job still be there when I’m ready to come back? 

The honest answer is, not necessarily. In Florida, your employer is not legally required to hold your job open while you recover from your injury, However, they cannot fir you as a punishment for filing your workers’ compensation claim.

Florida’s workers’ compensation system pays for your medical care and replaces part of your lost wages, but it does not, by itself, force your employer to keep your position open while you recover.

That doesn’t mean you’re without protection. Depending on your situation, other laws, like the federal Family and Medical Leave Act (FMLA), specific employer policies, or the terms of a union contract may give you the right to job-protected leave. Understanding which rules apply to you is exactly where an experienced Ft. Lauderdale work injury attorney can make the difference. This is especially true if your initial claim is denied or you face issues getting the benefits you deserve.

Workers’ Comp Pays Benefits But It Doesn’t Guarantee Your Job

It’s a common misunderstanding. Many injured workers assume that because they’re receiving workers’ compensation benefits, their employer is legally required to hold their job. In Florida, that’s generally not the case. Workers’ comp is a no-fault insurance system designed to cover your medical treatment and a portion of your wages while you can’t work. It is not a job-protection statute.

What that means in practice is that your job security depends on teamwork, between you, your employer, and your treating doctors. 

Your doctor decides when you can return and with what restrictions. Your employer decides whether it can accommodate those restrictions or hold your role open. And you have to keep everyone informed and stay on top of your medical appointments and paperwork. When that communication and coordination breaks down, jobs get lost. Again, this is a good example of why a Ft. Lauderdale work injury attorney can help.

When the FMLA Protects Your Job

The Family and Medical Leave Act is a federal law that can provide the job protection workers’ comp doesn’t. If you qualify, the FMLA entitles you to up to 12 weeks of unpaid, job-protected leave in a 12-month period for a serious health condition which a serious work injury usually is. 

When you return within that window, your employer generally must give you your old job back or an equivalent one with the same pay and benefits.

Not everyone is covered, though. To be eligible for FMLA leave, three things generally have to be true:

• Your employer has at least 50 employees within a 75-mile radius;
• You’ve worked for that employer for at least 12 months; and
• You’ve logged at least 1,250 hours during the 12 months before your leave.

Importantly, FMLA leave and workers’ comp often run at the same time. Your workers’ comp claim covers the medical bills and wage benefits, while the FMLA protects your position. 

Missing that overlap, or the deadlines and notice requirements that come with it, can cost you rights you didn’t know you had.

Extra Protections for Union Workers in Florida

If you belong to a union, your collective bargaining agreement may offer job protections that go beyond both workers’ comp and the FMLA. Many union contracts include specific provisions on medical leave, seniority, light-duty assignments, and how long a position must be held for an injured member. 

These rights are contract-specific, so the details vary from one agreement to the next. If you’re a union member, review your contract and talk with your representative. And don’t hesitate to have an attorney look at how those provisions work alongside your workers’ comp claim.

Florida Employers Cannot Retaliate Against You if You Make a Workers’ Compensation Claim

Here’s something every injured worker in Florida should know;  filing a workers’ compensation claim is your legal right, and your employer cannot fire you, cut your pay, or otherwise punish you simply for exercising it. 

Retaliation may not always be obvious. Sometimes it’s a sudden bad performance review after you return, a reassignment to undesirable shifts, or a reduction in hours. If you believe you were let go or mistreated because you filed a claim, rather than for a legitimate business reason, you may have legal claims beyond your workers’ comp case.

Talk to a Ft. Lauderdale Work Injury Attorney Before You Lose Ground

Your job, your income, and your recovery are all on the line at the same time, and the rules that protect them come from different places. A knowledgeable Ft. Lauderdale work injury attorney can look at your specific situation, coordinate with your doctors and employer, make sure any FMLA or union rights are properly invoked, and step in fast if your employer starts to retaliate.

At the Law Offices of Adam Baron, P.A., we’ve spent more than 30 years fighting for injured workers across Florida. If you were hurt at work and you’re worried about your job, don’t wait until the situation gets worse.

Call Adam Baron at 954-247-HURT for a free, no-obligation case review.